State v. Sanders’s Empirical Analysis

Citation profile

38 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... when the court recapitulates fully the evidence of the State but fails to summarize, at all, evidence favorable to the defendant, he violates the clear mandate of the statute which requires the trial judge to state the evidence to the extent necessary to explain the application of the law thereto. In addition, he violates the requirement that equal stress be given to the State and to the defendant.””

   3 later decisions quote this exact passage
   e.g. 52 N.C. App. 244 - State v. Tripp · 59 N.C. App. 1 - State v. Pryor

2. “The language of the statute [G.S. 15A-1232] and our prior decisions interpreting it require the court to summarize the evidence of both parties only to the extent necessary to explain the application of the law thereto. [Original emphasis.] In Sanders the evidence elicited on cross-examination and presented in the State’s case which was favorable to defendant was substantive evidence which tended to exculpate defendant .... The trial judge could not have adequately explained the application of the law in the case without mentioning this evidence. . . . [The evidence in the present case] is all testimony which tends to impeach or show bias in the State’s witnesses. It is not substantive in nature and would not clearly exculpate defendant if believed. The capable trial judge was thus able to adequately relate the application of the law to the evidence without mentioning this testimony.”

   1 later decision quote this exact passage
   e.g. State v. Adcox

3. “Now, the Defendant may or may not testify in his own behalf, the law permits him this choice. In the instant case the Defendant has not testified. Again, I say the law of North Carolina gives him this privilege. This same law also assures him that his decision not to testify will not be used against him and creates no presumption against him and therefore you must be very careful not to allow his silence to influence your decision in any way. Later she was shown a series of photographs which she viewed and she picked out the Defendant’s photograph as one who looked very much like the man who robbed her, it was an identification but not a positive identification. The Defendant did not choose to put on evidence and I have given you an instruction with respect to that and I admonish you to remember that instruction as well as all the other instructions that I gave you.”

   1 later decision quote this exact passage
   e.g. 48 N.C. App. 680 - State v. Mitchell